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  • In news: Bihar Hooch Tragedy and Alcohol Ban

    alcohol

    The official death toll from the latest hooch tragedy in “dry” Bihar has mounted to 38. Bihar has completely prohibited alcohol.

    Alcohol Ban in India

    • India has a long history of banning alcohol, with prohibition a part of the Directive Principles of State Policy in the Constitution and also among the key Gandhian principles.
    • Gandhi wrote, “Alcohol makes a man forget himself and while its effects last, he becomes utterly incapable of doing anything useful. Those who take to drinking, ruin themselves and ruin their people.”

    How the Indian constitution views alcohol?

    • One of the DPSP mentions that “in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
    • While DPSPs are not in themselves legally enforceable, they set goals that the state should aspire towards to establish conditions under which citizens can lead a good life.
    • According to the Seventh Schedule, alcohol is a state subject, i.e. state legislatures have the right and responsibility to draft laws regarding it.
    • This includes “the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.
    • Thus, laws regarding alcohol differ from state to state, falling in the whole spectrum between prohibition and private sale.

    Why do all states not have prohibition?

    Ans. Huge Liquor Revenues

    • While the Constitution sets prohibition on alcohol as a goal, for most states, it is very difficult to declare a ban on alcohol.
    • This is primarily because liquor revenues are not easy to ignore and have consistently contributed a large share of state governments’ revenue.
    • For instance, in Maharashtra, state liquor revenues amounted to Rs 11,000 crore in April 2020 (during the nationwide Covid lockdown), compared with Rs 17,000 crore in March.
    • The state government attributed much of this drop to the closure of liquor stores, later categorising them as an essential service, in part due to the industry’s contribution to tax revenues.
    • The day liquor stores were reopened, the Maharashtra government collected Rs 11 crore revenue from liquor sales in a single day.

    States with complete ban

    • All states have some regulations with regards to alcohol consumption and sale (like age requirements or dry days).
    • Currently, there are five states with total prohibition and some more with partial prohibition:

    (1) Bihar

    • Both the sale and prohibition of liquor was completely banned by the Nitish Kumar government back in 2016, in keeping with a promise made to the women of Bihar ahead of the Assembly polls.
    • Severe punishments were imposed on those found to be flouting the ban, including heavy fines and prison sentences.
    • Earlier this year, the Bihar government passed an amendment to its prohibition laws, which dials down on punishment to first-time “drinkers” and lets them get away with a fine rather than face arrest.
    • This was done to unclog Bihar’s already overcrowded jails and focus the government’s attention on sellers and distributors rather than consumers of liquor.

    (2) Gujarat

    • Gujarat has had prohibition since it came into existence as a state in 1960.
    • In the 62 years since prohibition has been around in Gujarat, the Act has seen several amendments.
    • Notably, in 2009, then CM introduced the death penalty for sellers/producers if their spurious alcohol caused deaths.
    • However, Gujarat has provisions for special alcohol licences for hospitality establishments as well as individuals.

    (3) Lakshadweep

    • The Union Territory bans both the consumption and sale of alcohol keeping in mind the culture and sentiments of its predominantly Muslim population.
    • However, the island of Bangram has a resort with a bar which is allowed to legally serve liquor.

    (4) Mizoram

    • In 2019, Mizoram became a “dry state” once again after the new government reintroduced prohibition that was repealed in 2015.
    • Previously, Mizoram had seen prohibition for 18 years.
    • The Mizo National Front (MNF) government had prohibition as one of its most important pre-poll promises.
    • Here, the loss of revenue is much less than the loss of human life and suffering. Larger societal benefit is considered more vital.
    • Only military personnel and those with “medical needs” are allowed to consume alcohol.

    (5) Nagaland

    • Nagaland introduced total prohibition in 1989 due to “moral and social” reasons, for the greater good of its citizens.
    • However, in recent times, the Naga government has mulled partially lifting prohibition due to various reasons.

    Partial prohibitions in some states

    • Some states with partial prohibition are Karnataka, which specifically banned country-made arrack in 2007.
    • In Maharashtra, the districts of Wardha and Gadhricholi have banned on production and sale of liquor.
    • In Manipur, districts of Bishnupur, Imphal East, Imphal West and Thoubal have prohibition.
    • In 2014, then CM Oomen Chandy announced that Kerala would implement prohibition in a phased manner.
    • However, the state has since gone back on this promise.

    Reason behind Bihar tragedy: Alcohol Ban

    • Critics have claimed that one of the reasons behind the tragedy is the state’s prohibition policy.
    • An official ban on alcohol leads to a thriving underground economy where such spurious alcohol is produced and sold.

    Does prohibition really work?

    • Creates no deterrence: There is evidence to show that, prohibition creates opportunities for a thriving underground economy that distributes liquor, outside the regulatory framework of the state.
    • Rise of mafias: This creates its own problems, from strengthening organized crime groups (or mafias) to the distribution of spurious liquor.
    • No evidence of progress: In the case of Bihar, a year after prohibition was enforced, there was a spike in substance abuse.
    • Anti-poor: In the case of Bihar, a majority of cases registered under its prohibition laws are on the less privileged.

    Limited benefits

    • Prevented crime against women: Various studies have provided evidence linking alcohol with domestic abuse or domestic violence. In India, prohibition has often been framed as a “women’s rights” issue.
    • Prevented domestic violence: Prohibition might have some limited benefits as well. Various studies have provided evidence linking alcohol with domestic abuse or domestic violence.

     

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  • In news: Goa Liberation Day

    goa

    The President of India tweeted her greetings to the nation on December 19, marking Goa Liberation Day, which is celebrated annually to mark the success of ‘Operation Vijay’ undertaken by the Indian armed forces to defeat Portuguese colonial forces and liberate Goa in 1961.

    What is the news?

    • Goa was liberated 15 years after India attained freedom.
    • Last year PM Modi accused Nehru as guilty of leaving satyagrahis in the dismay, refusing to send the Indian Army to liberate Goa, even after 25 of them were shot dead by the Portuguese Army.

    Goa’s Colonization: A backgrounder

    • Goa became a Portuguese colony in 1510, when Admiral Afonso de Albuquerque defeated the forces of the sultan of Bjiapur, Yusuf Adil Shah.
    • The next four and a half centuries saw one of Asia’s longest colonial encounters — Goa found itself at the intersection of competing regional and global powers.
    • It received a religious and cultural ferment that lead eventually to the germination of a distinct Goan identity that continues to be a source of contestation even today.
    • By the turn of the twentieth century, Goa had started to witness an upsurge of nationalist sentiment opposed to Portugal’s colonial rule, in sync with the anti-British nationalist movement.

    Beginning of freedom movement

    • Tristao de Braganza Cunha, celebrated as the father of Goan nationalism, founded the Goa National Congress at the Calcutta session of the Indian National Congress in 1928.
    • In 1946, the socialist leader Ram Manohar Lohia led a historic rally in Goa that gave a call for civil liberties and freedom, and eventual integration with India.
    • This event became a watershed moment in Goa’s freedom struggle.
    • At the same time, there was a thinking that civil liberties could not be won by peaceful methods, and a more aggressive armed struggle was needed.
    • This was the view of the Azad Gomantak Dal (AGD), whose co-founder Prabhakar Sinari is one of the few freedom fighters still living today.
    • Finally, Goa was liberated on December 19, 1961 by swift Indian military action that lasted less than two days.

    Recognition of Goa

    • The Supreme Court of India recognized the validity of the annexation and rejected the continued applicability of the law of occupation.
    • In a treaty with retroactive effect, Portugal recognized Indian sovereignty in 1974.
    • Under the jus cogens rule, forceful annexations including the annexation of Goa are held as illegal since they have taken place after the UN Charter came into force.

    Why was Goa left un-colonized?

    As India moved towards independence, however, it became clear that Goa would not be free any time soon, because of a variety of complex factors.

    • No immediate war: Then PM Nehru felt that if he launched a military operation (like in Hyderabad) to oust the colonial rulers, his image as a global leader of peace would be impacted.
    • Trauma of Partition: The trauma of Partition and the massive rupture that followed, coupled with the war with Pakistan, kept the Government of India from opening another front.
    • Internationalization of the issue: This might have led the international community to get involved.
    • No demand from within: It was Gandhi’s opinion that a lot of groundwork was still needed to raise the consciousness of the people, and the diverse political voices emerging within be brought under a common umbrella.

    Nehruvian dilemma

    • India’s global image: Nehru was headed in shaping India’s position in the comity of nations.
    • Trying peaceful options: He was trying to exhaust all options available to him given the circumstances that India was emerging from.
    • Portuguese obsession: Portugal had changed its constitution in 1951 to claim Goa not as a colonial possession, but as an overseas province.
    • Portugal in NATO: The move was apparently aimed at making Goa a part of the newly formed North Atlantic Treaty Organisation (NATO) military alliance. Hence the collective security clause of the treaty would be triggered.
    • Weak indigenous push: Nehru saw it prudent to pursue bilateral diplomatic measures with Portugal to negotiate a peaceful transfer while, at the same time, a more ‘overt’ indigenous push for liberation.

    Why did Nehru wait until December 1961 to launch a full-scale military offensive?

    India could no longer be seen to delay the liberation of Goa because:

    • Portuguese offensive against Satyagrahis: The firing incident also provoked a sharp response from the Government of India, which snapped diplomatic and consular ties with Portugal in 1955.
    • India as torchbearer of de-colonization: India got itself firmly established as a leader of the Non Aligned World and Afro-Asian Unity, with decolonization and anti-imperialism as the pillars of its policy.
    • Criticisms from African nations: An Indian Council of Africa seminar on Portuguese colonies organized in 1961 heard strong views from African as this was hampering their own struggles against the ruthless regime.
    • Weakening Colonialism: The delegates were certain that the Portuguese empire would collapse the day Goa was liberated.

     

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  • UK’s Rwanda asylum seeker deportation plan is lawful, court rules

    rwanda

    Britain’s plan to send migrants to Rwanda is lawful, London’s High Court ruled, in a victory for PM Rishi Sunak who has made a high-stakes political promise to tackle the record number of migrant arrivals.

    Immigrant’s crisis in UK

    • Since 2018, there has been a marked rise in the number of refugees and asylum seekers that undertake dangerous crossings between Calais in France and Dover in England.
    • Most such migrants and asylum seekers hail from war-torn countries like Sudan, Afghanistan, and Yemen, or developing countries like Iran and Iraq.
    • The Britain that has adopted a hardline stance on illegal immigration, these crossings constitute an immigration crisis.
    • The Nationality and Borders Bill, 2021, which is still under consideration in the UK, allows the British government to strip anyone’s citizenship without notice under “exceptional circumstances”.
    • The Rwanda deal is the operationalization of one objective in the Bill which is to deter illegal entry into the United Kingdom.

    What is the Rwanda Deal?

    • The UK and Rwanda Migration and Economic Development Partnership or the Rwanda Deal is a Memorandum of Understanding (MoU) signed between the two governments.
    • Under this deal, Rwanda will commit to taking in asylum seekers who arrive in the UK on or after January 1, 2022, using illegally facilitated and unlawful cross border migration.
    • Rwanda will function as the holding centre where asylum applicants will wait while the Rwandan government makes decisions about their asylum and resettlement petitions in Rwanda.
    • Rwanda will, on its part, accommodate anyone who is not a minor and does not have a criminal record.

    Rationale of the deal

    • The deal aims to combat “people smugglers”, who often charge exorbitant prices from vulnerable migrants to put them on unseaworthy boats from France to England that often lead to mass drownings.
    • The UK contends that this solution to the migrant issue is humane and meant to target the gangs that run these illegal crossings.

    What will the scheme cost the UK?

    • The UK will pay Rwanda £120 million as part of an “economic transformation and integration fund” and will also bear the operational costs along with an, as yet undetermined, amount for each migrant.
    • Currently, the UK pays £4.7 million per day to accommodate approximately 25,000 asylum seekers.
    • At the end of 2021, this amounted to £430 million annually with a projected increase of £100 million in 2022.
    • The Rwanda Deal is predicted to reduce these costs by outsourcing the hosting of such migrants to a third country.

    Will the Rwanda Deal solve the problem of illegal immigration?

    • This deal will be implemented in a matter of weeks unless it is challenged and stayed by British courts.
    • While Boris Johnson’s government is undoubtedly bracing for such legal challenges, it remains unclear if the Rwanda Deal will solve the problem of unlawful crossings.
    • Evidence from similar experiences indicates that such policies do not fully combat “people smuggling”.

    Criticisms of the deal

    • There are dangers of transferring refugees and asylum seekers to third countries without sufficient safeguards.
    • The refugees are traded like commodities and transferred abroad for processing.
    • Such arrangements simply shift asylum responsibilities, evade international obligations, and are contrary to the letter and spirit of the Refugee Convention.
    • Rwanda also has a known track record of extrajudicial killings, suspicious deaths in custody, unlawful or arbitrary detention, torture, and abusive prosecutions, particularly targeting critics and dissidents.

    Do any other countries send asylum seekers overseas?

    • Yes, several other countries — including Australia, Israel and Denmark — have been sending asylum seekers overseas.
    • Australia has been making full use of offshore detention centres since 2001.
    • Israel, too, chose to deal with a growing influx of asylum seekers and illegal immigrants from places like Sudan and Eritrea by striking deals with third countries.
    • Those rejected for asylum were given the choice of returning to their home country or accepting $3,500 and a plane ticket to one of the third countries.
    • They faced the threat of arrest if they chose to remain in Israel.

     

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  • The Small Island Developing States (SIDS) in IOR

    Island

    Context

    • The Indian Ocean Region (IOR) serves as a connecting hub for global energy and commodity trade and comprises important Sea Lanes of Communication (SLOC) and major choke points. The IOR has become central to the geostrategic aspirations of large powers with vested interests in the region. Small Island Developing States (SIDS) located in the Western Indian Ocean such as Maldives, Madagascar, Comoros, Mauritius, and Seychelles, are being dragged into the great power rivalry as a result.

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    Small Island Developing States (SIDS)

    • Small Island Developing States (SIDS) are a distinct group of 38 UN Member States and 20 Non-UN Members/Associate Members of United Nations regional commissions that face unique social, economic and environmental vulnerabilities.
    • The three geographical regions in which SIDS are located are: the Caribbean, the Pacific, and the Atlantic, Indian Ocean and South China Sea (AIS)
    • SIDS were recognized as a special case both for their environment and development at the 1992 United Nations Conference on Environment and Development held in Rio de Janeiro, Brazil.

    Island

    Significance of Small Island Developing States (SIDS) of IOR

    • SIDS are strategically important: The geographical location of SIDS islands is of strategic importance, ever since the Indo-Pacific architecture materialised.
    • Provides easy access and a base for replenishment: The islands provide easy access to the choke points, are located close to important SLOCs, and can serve as a base for the replenishment of resources for maritime powers conducting surveillance in the region.
    • Engagements boosts maritime expanse: The bigger powers have been engaging with the islands on a larger scale to boost their presence in this maritime expanse.

    Island

    Challenges faced by SIDS

    • Multiple challenges: The SIDS, by nature, face multiple challenges due to their remote locations, size, fragile ecosystems, small population, and limited resources and capabilities. Most of the SIDS are classified as middle-income states, but SIDS like Comoros are among the Least Developed Countries (LDCs).
    • Economies are not diversified: The economies of these states are not diversified and are highly dependent on a few sectors like tourism and fisheries.
    • Climate change and losses due to natural disasters: Climate change exacerbates their challenges, adding an extra burden on their frail economies. The SIDS account for two-thirds of states that suffer the highest relative losses (1 percent to 9 percent of GDP per year) due to natural disasters.
    • Rising sea levels and impact on various economic sectors: Apart from the threat of the low-lying islands going underwater in the future, rising sea levels directly impact the economic sectors of the SIDS. For instance, saltwater intrusion affects freshwater resources and diminishes the quality of agricultural land.
    • Largely dependent on food imports: The SIDS are already largely dependent on food imports as 50 percent of the SIDS import more than 80 percent of their food. A further reduction in food production will increase their dependence on food imports. Self-sufficiency is a distant dream for SIDS in this aspect.
    • Fishery industry a major contributor of economy facing challenges of loss of EEZ: Fish exports account for a large share of the revenue for these states. The fishery industry faces challenges of loss of Exclusive Economic Zones due to shifting baselines, and Illegal, Unreported and Unregulated (IUU) fishing.
    • Rising sea temperature: Additionally, rising sea temperatures also negatively affect marine biomass in the resource-rich zones of SIDS.
    • Tourism industry hampered by Pandemic: Almost 50 percent of the GDP of SIDS like the Maldives and Seychelles, depends on the tourism industry which was hampered by the pandemic. T

    Island

    Powerplay and China’s maritime development strategy in SIDS of IOR

    • Concerns about increasing influence China: Powers such as the US, Japan, Australia, and India are largely concerned with the increasing influence of China in the region.
    • China’s island development strategy: Islands play a major role in China’s maritime security policy, as is evident by its island development strategies in the contested South China Sea and cooperation initiatives with island states in various geographies.
    • Vulnerable SIDS welcomed Support initiatives from China: The SIDS have welcomed the development and support initiatives from China owing to their vulnerabilities. From a port development project in Madagascar and major infrastructure development projects in the Comoros islands to a Free Trade Agreement with Mauritius and development assistance to Maldives; China has firmly embedded its roots in the region.
    • Maldives in debt trap seeks India’s assistance: When Maldives owed a debt of nearly US$1.5 billion to China in 2018, it had to turn to its traditional partner, India, for assistance to prevent an economic crisis.
    • Madagascar worries about Chinese debt trap: Madagascar is also heavily surrounded by Chinese presence and involvement in its economy and is worried about being trapped in debt. Chinese-funded enterprises comprise 90 percent of the island’s economy. Chinese migrants left very few job opportunities for the locals, disrupted trade and commerce, and established a monopoly of Chinese products in the market. Such a heavy involvement of China in Madagascar puts it at a high risk of instability and political upheaval. This is a clear example of how the strategic interests of large powers can bring the SIDS to the brink of collapse.

    Opportunity to discuss and maintain stability through various forums

    • SAMOA pathway: SIDS Accelerated Modalities of Action (SAMOA) Pathway which is an international framework under the UN umbrella that has initiated a stronger action from the international community to support the vulnerable islands. It guides national, regional, and international development efforts to help these states achieve their Sustainable Development Goals (SDGs).
    • Alliance of small Island states: Similarly, the Alliance of Small Island States is a representative body of 39 small island states that provides a platform to voice their grievances.
    • Indian ocean commission: The Indian Ocean Commission is yet another intergovernmental body that consists of the islands; Comoros, Madagascar, Mauritius, Seychelles and Réunion (French overseas region).

    What SIDS must do?

    • The SIDS of IOR must strengthen their collaboration with each other.
    • They must make a collective effort to make their challenges and issues known to the other actors.
    • The SIDS should make use of the opportunity to ensure that the larger powers understand their security interests and include it in the larger security architecture

    Way ahead

    • In most cases, decisions regarding security in the region have been taken by the influential, and larger powers without the SIDS.
    • The SIDS of the IOR can leverage their strategic position and use it to their advantage to make the larger powers acknowledge their security interests and issues.
    • The need of the hour is for stronger alliances and regional groupings to emerge, with significant participation of the SIDS, so that other actors do not downplay or overlook their issues and interests.

    Conclusion

    • The SIDS have been advocating at various international forums for support and assistance to combat their challenges associated with resources, development, climate change, and most of all, survival. Rather than being viewed as pawns in the geopolitical competition, the SIDS must be viewed as important stakeholders in the region. This is the main change in the mindset, policies and approaches that are needed for secure and stable region.

    Mains Question

    Q. What is SIDS (Small Island Developing States). What is the significance of SIDS in IOR? Discuss the challenges faced by SIDS in the region and suggest a way ahead.

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  • Day 1| Daily Answer Wars| CD WarZone

    Topics for Today’s question:

    GS-3         Agriculture and related issues

    Question

     

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  • Personal freedom and the panel on Intercaste/Interfaith Marriages

    Interfaith

    Context

    • Following a report in this newspaper, the Maharashtra government has decided to limit the mandate of the recently constituted Intercaste/Interfaith Marriage-Family Coordination Committee (state level) to gathering information on interfaith marriages.

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    Intercaste/Interfaith Marriage-Family Coordination Committee

    • Work under Women and child development: The renamed Interfaith Marriage-Family Coordination Committee will be under the state Women and Child Development Ministry.
    • Will Track frauds: The committee besides providing support and rehabilitation, when necessary, ostensibly track fraud committed in the name of love jihad.
    • Development come after walker case: The development came after the Shraddha Walkar case came to light in November. Walkar, 26, was murdered by her live-in partner Aaftab Poonawalla in May, 2022
    • Other states with anti-conversion legislation: With states such as Uttar Pradesh and Uttarakhand already having brought in anti-conversion legislation.

    What is love jihad?

    • “Love jihad” is a term often used by activists to allege a ploy by Muslim men to lure Hindu women into religious conversion through marriage.

    Interfaith

    How the initiative will work?

    • Will collect and keep details of interfaith marriages and ensure communication: This initiative will provide a platform for the women in intercaste/interfaith marriages and their families to access counselling, and communicate or resolve issues.
    • Committee will hold regular meetings: The committee has been assigned to hold meetings with district officials, and review work on seven parameters, including, gathering information about interfaith or inter-caste marriages from stamp duty and registrar offices, and collect information on such registered or unregistered marriages, among others.

    Interfaith

    What are the concerns raised?

    • Control over the lives of individual citizens: Such vigilance remains yet another indication of the State’s disproportionately burgeoning and utterly unacceptable interest in, and demand for, control over the lives of individual citizens.
    • Denial of women’s own choice: It is not just violative of one’s rights of freedom and equality, it also reeks of misogyny in its steadfast denial of a woman’s choice of partner as her own free will and not an act of coercion.
    • Committee can be armed: There is the IPC for all genuine complaints so the committee could be weaponised.
    • It will limit the freedoms of men and women: In every aspect, monitoring of a citizen’s life for her own supposed benefit is a cautionary tale, a limitation of the freedoms of men and women, designed to deter them from leading fuller, freer lives.

    Interfaith

    Basics: Right to Marriage

    • Comes under Right to life: The right to marry is a part of the right to life under Article 21 of the Indian Constitution.
    • As an integral part of Right to Life: Various courts across the country have also interpreted the right to marry as an integral part of the right to life under Article 21.
    • Stated under Human rights Charter: The right to marriage is also stated under Human Rights Charter within the meaning of the right to start a family.
    • Universal right: The right to marry is a universal right and it is available to everyone irrespective of their gender.
    • Forced marriage is illegal: A forced marriage is illegal in different personal laws on marriage in India, with the right to marry recognized under the Hindu laws as well as Muslim laws.

    How is religious freedom protected under the Constitution?

    • Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.
    • It is a right that guarantees a negative liberty which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.
    • However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.

    Conclusion

    • The marriage between politics and communalism is not a new phenomenon but to try to inhibit that idea of openness and possibility by casting communal aspersions on personal choice might be a travesty. There needs an innovative and inclusive approach to address the issues arise out of interfaith marriages.

    Mains question

    Q. Recently the Maharashtra government has set up a panel named “Intercaste/Interfaith marriage-family coordination committee (state level)” to gather information about couples in such marriages. Discuss the utility and concerns of such initiative?

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  • Private Member’s Bill for women’s reservation

    Bill

    Context

    • As strong advocates of more representation of women in politics, looking at the number of women elected in the Gujarat and Himachal Pradesh assemblies has been saddening. With just 14.9 per cent women elected to our Lok Sabha, India ranks 144 out of 193 countries in the representation of women in parliament according to Inter-Parliamentary Union’s latest report. Among our immediate neighbours, India falls behind Bangladesh, Pakistan, and Nepal.

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    Background: Recent elections and women’s participation

    • Gujrat: Gujarat elected just 8 per cent of women legislators in its 182-member assembly.
    • Himachal Pradesh: Himachal Pradesh, where every second voter is a female, has elected 67 men and only one woman.
    • National Average: The national average of women in all state assemblies remains around 8 per cent. The figure is grim
    • Representation of women in local governments increased: After the 73rd and 74th Constitutional Amendments, the representation of women in local governments increased from a mere 3-4 per cent to nearly 50 per cent now.

    Bill

    History of Women’s Reservation Bill

    • First introduced in 1996 but lapsed with the dissolution of Lok Sabha: The Women’s Reservation Bill was first introduced in 1996 by the Deve Gowda government. After the Bill failed to get approval in Lok Sabha, it was referred to a Joint Parliamentary Committee chaired by Geeta Mukherjee, which presented its report in December 1996. However, the Bill lapsed with the dissolution of the Lok Sabha and had to be reintroduced.
    • Bill reintroduced in 1998 but failed and lapsed: PM Vajpayee’s NDA government reintroduced the Bill in the 12th Lok Sabha in 1998. Yet again, it failed to get support and lapsed. In 1999, the NDA government reintroduced it in the 13th Lok Sabha.
    • One-third reservations for women: Subsequently, the Bill was introduced twice in Parliament in 2003. In 2004, the government included it in the Common Minimum Programme that said that the government will take the lead to introduce legislation for one-third reservations for women in Vidhan Sabhas and in the Lok Sabha.
    • The bill introduced and passed in Rajya Sabha: In 2008, the government tabled the Bill in the Rajya Sabha so that it does not lapse again. The Parliamentary Standing Committee on Law and Justice recommended the passage of the Bill in December 2009. It was cleared by the Union Cabinet in February 2010. On March 9, 2010, the Bill was passed in the Rajya Sabha with 186-1 votes after immense debate. History was created.
    • Lapsed again in 2014: The Bill, then, reached the Lok Sabha where it never saw the light of day. When the House was dissolved in 2014, it lapsed. Now we are back to square one.
    • Renewed push: In the current Winter Session of Parliament, there is a renewed push from most Opposition parties to pass the Women’s Reservation Bill.

    Bill

    The case study: Political parties and Women representation

    • Political parties that reserved seats for women for election candidature: So far only two regional political parties in India, Odisha’s Biju Janata Dal (BJD) and West Bengal’s Trinamool Congress (TMC) have reserved seats for women for election candidatures.
    • Candidature and results of 2019 general elections: TMC and BJD fielded 40 per cent and 33 per cent women candidates respectively. Interestingly, 65 per cent of the TMC’s women candidates won in comparison to 44 per cent of their men, whereas 86 per cent of the BJD’s women candidates won in comparison to 43 per cent of their men.

    Private Member’s Bill for women’s reservation in all legislative bodies

    • Acknowledging the inequality and barriers: Women have historically suffered due to systemic inequality and barriers. Without a gender quota, women’s representation will continue to remain marginal causing a massive deficit in our democracy.
    • Reserved seats for women: Understanding this reality, there is a need to introduce a Private Member’s Bill demanding women’s reservation in all legislative bodies Lower and Upper Houses, and also reserved seats within that for women who come from historically marginalised communities.
    • Ensuring greater representation: It is a single step that will, if passed, immediately ensure at least 33 per cent representation of women.

    What is Private Member’s Bill?

    • Piloted by member other than minister: A private member’s Bill is different from a government Bill and is piloted by Member of Parliament (MP) who is not a minister. A Member of Parliament who is not a minister is a private member.
    • To draw governments attention: Individual MPs may introduce private member’s Bill to draw the government’s attention to what they might see as issues requiring legislative intervention.

    bill

    Way ahead

    • The case for women’s reservation emanates from their lack of representation in legislative bodies. We cannot rely on incremental changes.
    • We cannot let another generation fight for what is fundamental to participating in a democracy the right to be heard and make decisions.
    • Women’s reservation will jump-start the democratic process. It will allow a significant majority to have a say in how their lives must be governed.
    • Over the years, though, women’s vote share has increased significantly, but the number of women in positions of power has not.

    Conclusion

    • Victor Hugo famously said, “No force on earth can stop an idea whose time has come”. Women’s reservation in legislatures is one idea which has been discussed, debated, and agreed upon by most political parties. It is now time to take it to fruition. With its massive women population, India has a huge reservoir of potential which, if unleashed, will take the country much ahead.

    Main Question

    Q. Women reservation bill has introduced and lapsed no of times. In this context discuss why it is necessary to have reserved seats for women in all legislative bodies?

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  • [Sansad TV] Perspective: Inter-State Border Disputes in India

    Context

    • Union Home Minister held a meeting with the Chief Ministers of Maharashtra and Karnataka on the border dispute between the two States.
    • Both sides agreed that neither State will press their claims further till the judgement of the Supreme Court on this matter and discuss this issue in detail.

    Inter-state Border Disputes in India: A Backgrounder

    • As of now, no interstate border dispute has been resolved in independent India.
    • Karnataka and Maharashtra are not the only two States involved in the border dispute.  
    • There are boundary disputes arising out of the demarcation of boundaries and claims and counter-claims over territories between-
    states

    [1] Karnataka-Maharashtra

    • The Belgaum district is arguably part of one of the biggest inter-state border disputes in India.
    • The district has a large Marathi and Kannada-speaking populations and has been at the centre of a dispute for a long time.
    • The area came under Karnataka in 1956 when states were reorganized and till then it was under the Bombay presidency.

    [2] Assam-Mizoram

    • The border dispute between Assam and Mizoram is a legacy of two British-era notifications of 1875 and 1933, when Mizoram was called Lushai Hills, a district in Assam.
    • The 1875 notification differentiated Lushai Hills from the plains of Cachar and the other demarcated boundary between Lushai Hills and Manipur.
    • While Mizoram became a state only in 1987 following years of insurgency, it still insists on the boundary decided in 1875.
    • Assam, on the other hand, wants the boundary demarcated in 1986 (based on the 1933 notification).
    • Mizoram says the 1986 agreement is not acceptable as the Mizo civil society was not consulted at that time.

    [3] Haryana-Himachal Pradesh

    • The Parwanoo region has had the spotlight over the border dispute between the two states.
    • It is next to the Panchkula district of Haryana and the state has claimed parts of the land in Himachal Pradesh as its own.

    [4] Himachal Pradesh-Ladakh

    • Himachal and Ladakh lay claim to Sarchu, an area on the route between Leh and Manali.
    • It is considered a major point where travellers stop when travelling between the two cities.
    • Sarchu is in between Himachal’s Lahul and Spiti district and Leh district in Ladakh.

    [5] Arunachal Pradesh-Assam

    • Arunachal’s grievance is that the re-organisation of North Eastern states unilaterally transferred several forested tracts in the plains that had traditionally belonged to hill tribal chiefs and communities to Assam.
    • After Arunachal Pradesh achieved statehood in 1987, a tripartite committee was appointed which recommended that certain territories be transferred from Assam to Arunachal.
    • Assam contested this and the matter is before the Supreme Court.

    [6] Meghalaya-Assam

    • The problem between Assam and Meghalaya started when the latter challenged the Assam Reorganisation Act of 1971, which gave Blocks I and II of the Mikir Hills or present-day Karbi Anglong district to Assam.
    • Meghalaya contends that both these blocks formed part of the erstwhile United Khasi and Jaintia Hills district when it was notified in 1835.
    • Meghalaya bases its case on survey maps of 1872 and 1929 and certain notifications of 1878 and 1951, while Assam wants to go by the rejected recommendations of the Churachand Committee.

    [7] Assam-Nagaland

    • The longest-running border dispute in the North East is between Assam and Nagaland, which began soon after Nagaland became a state in 1963.
    • The Nagaland State Act of 1962 had defined the state’s borders according to a 1925 notification when Naga Hills and Tuensang Area (NHTA) were integrated into a new administrative unit.
    • Nagaland, however, does not accept the boundary delineation and has demanded that the new state should also have all Naga-dominated areas in North Cachar and Nagaon districts.
    • Since Nagaland did not accept its notified borders, tensions between Assam and Nagaland flared up soon after the latter was formed, resulting in the first border clashes in 1965.
    • This was followed by major clashes between the two states along the border in 1968, 1979, 1985, 2007, 2014 and 2021.

    Genesis of such disputes

    • Reorganization considerations: When India started carving out states in 1953, the States Reorganisation Commission said territorial readjustments between (states) should not assume the form of disputes between alien powers.
    • Lingual assertion: Several inter-state border disputes have their roots in the reorganisation of states in the 1950s … (which) was primarily based on language.
    • Colonial division: Many of these state demarcations were based on district boundaries created by the British. For example, partition of Bengal led to present day Assam issue.
    • Inequitable sharing of resources: These territorial contests are part of a larger set of differences over resources between states — over access to river waters.
    • Lack of constitutional mechanism: Article 262 is on the adjudication of disputes relating to waters of inter-state rivers or river valleys. There is no comparable provision on disputes on land.
    • Political opportunism: Frankly, no serious efforts have been made to resolve the disputes. Political parties have used this for vote bank politics.

    Why does NE have so many border disputes?

    • Ethnocentrism was ignored: States Reorganisation Commission went ahead and recommended the creation of just one state, Assam, which would administer what are now Mizoram, Meghalaya, Nagaland, Arunachal Pradesh and Tripura.
    • Difficult border demarcation due to terrain: The other complexity has been terrain — rivers, hills and forests straddle two states in many places and borders cannot be physically marked.
    • Primitive populations were ignored: Colonial maps had left out large tracts of the northeast outside Assam as “thick forests” or marked them “unexplored”. Indigenous communities were, for the most part, left alone.
    • Political motivations behind reorganization: Boundaries would be drawn for administrative convenience when the “need” arose. The 1956 demarcation did not resolve the discrepancies.
    • Historic discrepancies: Mizoram got its first recorded boundary in 1875 after a survey of 6,500 sq. miles of “new” territory, unmapped before, to separate it from Cachar and protect British tea plantations. When Mizoram was created, it was way smaller than the 1875 map by about 750 sq km.  
    • Apathy of centre: The Inter-State Council constituted to support Centre-state and inter-state coordination and collaboration hasn’t met for the last six years although it’s supposed to meet thrice a year.

    Resolving such conflict

    • Zonal councils: The States Reorganization Act, 1956, which established the new linguistic states, also set up an institutional mechanism to settle disputes. It had set five zonal councils, each comprising the chief and two other ministers of each of the constituent states, and a central minister as chairman.
    • Dialogue: Inter-state border disputes can be resolved by the states themselves or by the Centre through dialogue and political settlements.   
    • Central commissions: The Sundaram Commission recommended a border between Assam and Nagaland (but Nagaland rejected the report).
    • Judicial intervention: Disputes can also be settled by the Judiciary. For instance, the Belgaum issue is still pending in the Supreme Court.

    Issues with such disputes

    • Radicalism and Terrorism: Many terror activities in NE are triggered by the sense of alienation and demand for separate nations (as well as flags) to assert their individual identiy.
    • Secessionist tendencies and separatism: Inter-state disputes need to be settled quickly and impartially otherwise they become festering sores which create friction, prevent development, and give a perverse direction to separatism.
    • Blow to federalism: The ugly and violent clashes between the states are against to the spirit of mutual coexistence and thereby a blow to Ek Bharat, Shreshtha Bharat.
    • Domino effect: Domino effect or chain reaction at other disputed borders or in other inter-state disputes such as river water, migration of people etc. due to trust deficit between states.

    Way forward

    • Land survey-based boundary demarcation: The states must set up state committees to work with a survey of India and other neutral agencies for land surveys.
    • Involving indigenous communities: The local communities can also be engaged in this demarcation of borders.
    • Creating no-man’s land: The centre must remove the encroachments from both sides devise a “no lose” (non-zero sum) solution to territory dispute.
    • Strengthening of Inter-State Councils and Zonal Councils: Frequent meetings of thse Councils for convergence of interests between states and suggest institutional solutions to benefit both by dispute resolution.

    Conclusion

    • Mutual resolution: While states decide how best to settle their disputes, India needs a national, centrally enforced moratorium on actions.
    • Stopping provocations: The Election Commission must punish parties and politicians who engage in border provocations.
    • Political restrain: Political elites must not be allowed to inflame passions along disputed borders to satiate their electoral appetites and territorial ambitions.  
    • Preventing further escalations: The task of integrating the Princely States into the Union of India was far too messier. Following in Patel’s footsteps is easier said than done.

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